1.

) Definition of Obligation
Based on the (Article 1156, Philippine Civil Code) an obligation is a legal duty or responsibility to
do something or not to do something. It's like a promise you make that has legal consequences

2.) Requisites of an Obligation (4)

1.) Juridical Tie:

This is the legal basis of the obligation. It may arise from law, contracts, quasi-contracts, delicts,
or quasi-delicts.

2.) Active Subject:

This is the person who is entitled to demand the performance of the obligation. also known as
the creditor. have the right to demand that your friend pay you back.

3.) Passive Subject:

This is the person who is obliged to perform the obligation. Also known as the debtor.

4.) Prestation Object:

This is what the debtor is obligated to do, give, or perform. It can be a thing, a service, or an act

3.) Civil vs. Natural Obligations

1.) Civil Obligations: Legally enforceable.

are the duties that result in a legal right of action. The creditor may use legal action to enforce
the obligation if it is not fulfilled.

**Civil Obligations** are like promises you make with a contract. If you break them, there are
legal consequences. For example, if you borrow money and promise to pay it back by a certain
date, that's a civil obligation.

**Natural Obligations** are like promises you make to a friend. Even though there aren't any
legal consequences for breaking them, it's still morally wrong to do so. For example, if you
promise your friend you'll help them move, that's a natural obligation. If you break your promise,
you might feel guilty, but your friend can't sue you.

2.) Natural Obligations: Morally binding, but not legally enforceable.

are not legally enforceable, therefore The debtor may willingly comply with them, yet they are
ethically required.

4.) Sources of Obligation

Law: Obligations arising from law are those imposed by the law itself, such as the obligation of
parents to support their children.

Contracts: Obligations arising from contracts are those voluntarily entered into by the parties.

Quasi-Contracts: This is an actions that have legal consequences but it's not intentionally.

Delicts or Crimes: Obligations arising from delicts or crimes are those imposed by law as a
consequence of a wrongful act or omission.

Quasi-Delicts: These are obligations arising from fault or negligence which causes damage to
another person.

5.) Determinate vs. Generic Objects of an Obligation

Determinate Object: is an object that is specific and individualized. It can be identified by its own
individuality.

Generic Object: This is an object that is identified only by its kind or class. It is not individualized.

Example:
A contract for the sale of a specific car (e.g., a 2023 Toyota Camry) has a determinate object.

A contract for the sale of 100 sacks of rice has a generic object.

Note: The distinction between determinate and generic objects is important because it affects
the rights and obligations of the parties. For example, if the object of an obligation is
determinate, the debtor must deliver that specific thing. However, if the object is generic, the
debtor may deliver any thing of the same kind and quality.

6.) Grounds for Liability to Pay Damages (Article 1170)

Fraud: Intentionally deceiving another.

Negligence: Failure to exercise required care.

Delay: Failing to perform on time.

Contravention of the Tenure of Obligation: Violating contract

Kinds of quasi-contract (2)

Negotiorum gestio

is the voluntary management of the property or affairs of another without the knowledge or
consent of the latter.

Solutio indebiti

is the juridical relation which is created when something is received when there is no right to
demand it and it was unduly delivered through mistake.

Compliance in good faith.

Compliance in good faith means compliance or performance in accordance with the stipulations
or terms of the contract or agreement.

Contractual obligations.

(1) Binding force.

Obligations arising from contracts have the force of law between the contracting parties, i.e.,
they have the same binding effect of obligations imposed by laws.

2) Requirement of a valid contract.

A contract is valid (assuming all the essential elements are present; Art. 1318.) if it is not
contrary to law, morals, good customs, public order, and public policy.

3.) Breach of contract

A contract may be breached or violated by a party in whole or in part.

Accessions
are the fruits of a thing or additions to or improvements upon a thing (the principal).

Accessories

are things joined to or included with the principal thing for the latter's embellishment, better use,
or completion.

Meaning of delay

Ordinary delay
-Failure to perform an obligation on time

Legal delay or default or mora

-is the failure to perform an obligation on time which failure constitute a breach of the obligation

Kinds of delay or default.

1.) Mora solvendi

or the delay on the part of the debtor to fulfill his obligation (to give or to do);

2.) Mora accipiendi

or the delay on the part of the creditor to accept the performance of the obligation.

3.) Compensatio Morae

(Delay in Reciprocal Obligations):
In reciprocal obligations (like in a sale), if both parties are delayed, the delay cancels each other
out.

Kinds of negligence according to source of obligation.

(1) Contractual negligence

(culpa contractual)

or negligence in contracts resulting in their breach. This kind of negligence is not a source of
obligation.

(2) Civil negligence

(culpa aquiliana)
or negligence which by itself is the source of an obligation between the parties. It is also called
tort or quasi-delict.

(3) Criminal negligence

(culpa criminal)
or negligence resulting in the commission of a crime.

Fortuitous event

Acts of man.

- Strictly speaking, fortuitous event is an event independent of the will of the obligor but not of
other human wills.
War, fire, robbery, murder, insurrection, etc

Acts of God.

-They refer to what is called majeure or those events which are totally independent of the will of
every human being.
Earthquake, flood, rain, shipwreck, lightning, eruption of volcano, etc.

Requisites of a fortuitous event.

(1) The event must be independent of the human will or at least of the debtor’s will;

(2) The event could not be foreseen, or if foreseen, is inevitable;

(3) The event must be of such a character as to render it impossible for the debtor to comply
with, his obligation in a normal manner; and

(4) No concurrence of negligence or participation of debtor

Simple loan or mutuu

-a contract whereby one of the parties delivers to another, money or other consumable thing,
upon the condition that the same amount of the same kind and quality shall be paid. I

Usury

-is contracting for or receiving interest in excess of the amount allowed by law for the loan or
use of money, goods chattels or credits.
Presumption
-is meant the inference of a fact not actually known arising from its usual connection with
another which is known or proved.

(1) Conclusive presumption.

– one which cannot be contradicted, like the presumption that everyone is conclusively pre-
sumed to know the law (see Art. 3.);

(2) Disputable (or rebuttable) presumption.

– one which can be contradicted or rebutted by presenting proof to the contrary, like the
presumption established in Article 1176.

Transmissibility of rights.
-All rights acquired in virtue of an obligation are generally fransmissible or assignable.

The exceptions:

(1) Prohibited by stipulation of the parties.

Like the stipulation that upon the death of the creditor, the obligation shall be extinguished, or
that the creditor cannot assign his credit to another.

(2) Prohibited by law. –

When prohibited by law like the rights in partnership, agency, and commodatum which are
purely personal in character.

(1) Contract of partnership,

two or more persons bind themselves to contribute money, property or industry to a common
fund, with the intention of dividing the profits among themselves.

(2)The contract of agency,

a person binds himself to render some service Or to do something on behalf of another, with
authority of the latter.

(3) contract of commodatum,

one of the parties delivers to another something not consumable, so that the latter may use
the same for a certain time and return it. Commodatum is essentially gratuitous.
Kinds of obligation according to the subject matter.

(1) Real obligation

(obligation to give) is that in which the subject matter is a thing which the obligor must deliver
to the obligee.

(2) Personal obligation

(obligation to do or not to do) is that

•Postive personal obligation

•Negative personal obligation

Factors must be considered in negligence

(1) Nature of the obligation.

EXAMPLE:
Smoking while carrying materials known to be inflammable constitutes negligence

(2) Circumstances of the person

EXAMPLE:
A guard, a man in the prime of life, robust and healthy, sleeping while on duty is guilty of
negligence

(3) Circumstances of time.

EXAMPLE:
Driving a car without headlights at night is gross negligence but it does not by itself constitute
negligence when driving during the day.

(4) Circumstances of the place.

EXAMPLE:
Driving at 100 kilometers per hour on the superhighway is permissible but driving at the same
rate of speed in Ayala Avenue, Makati is gross recklessness

Obligations - Sources of Obligations

Art. 1156. An obligation is a juridical necessity to give, to do, or to perform a certain act in favor
of another.

Art. 1157. Obligations arise from:

Law;
Contracts;
Quasi-contracts;
Acts or omissions punished by law; and
Quasi-delicts.

Art. 1158. Obligations derived from law are those imposed by law itself.

Art. 1159. Obligations arising from contracts are those that arise from the agreement of two or
more persons.

Art. 1160. Obligations arising from quasi-contracts are those that arise from voluntary acts that
produce juridical effects.

Art. 1161. Obligations arising from acts or omissions punished by law are those that arise from
criminal offenses.

Art. 1162. Obligations arising from quasi-delicts are those that arise from fault or negligence
which causes damage to another person.

Art. 1163. Every person obliged to give something is also obliged to take care of it with the
diligence of a good father of a family.

Art. 1164. If the obligation to give a specific thing is not fulfilled, the debtor shall be obliged to
pay its equivalent value in money.

Art. 1165. When the obligation to do or not to do is not fulfilled, the debtor shall be obliged to pay
damages.

Art. 1166. In obligations to give specific things, the debtor shall be obliged to deliver the very
thing agreed upon.

Art. 1167. In obligations to do or not to do, the debtor shall be obliged to perform the prestation
precisely as agreed upon.

Art. 1168. When the obligation to do or not to do is not fulfilled, the creditor may demand specific
performance or damages.

Art. 1169. Those who in the performance of their obligations incur delay, negligence, or
contravention, are liable for damages.